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Punjab-Haryana High Court

Dr.Jagwinder Singh vs . State Of Punjab And Others on 28 May, 2009

Author: Permod Kohli

Bench: Permod Kohli

CWP No.8448 of 2009                                      :1:

      In the High Court of Punjab and Haryana at Chandigarh.


                                Date of decision: 28.05.2009


      Dr.Jagwinder Singh Vs. State of Punjab and others



      CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI


Present:    Mr.HS Dhindsa, Advocate,for the petitioner.
            Mr.BS Chahal, DAG, Punjab,for the respondents.

        --
PERMOD KOHLI, J. (Oral)

At the outset learned counsel for the petitioner submits that there is clerical error in the date mentioned in the head note of the writ petition. He seeks leave of the Court to make necessary corrections. Prayer is allowed. Correction carried out in the open Court.

Notice of motion.

At this stage, Mr. BS Chahal, D.A.G.,Punjab, accepts notice on behalf of the respondents.

The petitioner is seeking benefit of the ACP on completion of four years of service. It has been postponed and granted later than four years. It is stated that the petitioner was entitled to the benefit of the ACP w.e.f. 01.01.1995, but the same has been granted w.e.f. 01.01.2005. The petitioner has also served a legal notice dated 07.11.2008, Annexure P-6, but no decision has been taken thereon till date. The alternative prayer made in the writ petition is for a direction to the respondents to decide legal notice aforesaid served by the petitioner.

Learned counsel for the petitioner submits that the petitioner CWP No.8448 of 2009 :2: will be satisfied if the respondents are directed to take a final decision on the legal notice Annexure P-6.

In view of the prayer made, this writ petition is disposed of with a direction to the respondents to take a final decision on the legal notice dated 07.11.2008, Annexure P-6, submitted by the petitioner within a period of four months from the date a certified copy of this order is made available to the competent authority. In the event, the claim of the petitioner is found genuine and valid, appropriate relief may be granted. However, if the claim of the petitioner is to be rejected, the same shall be by passing a reasoned and speaking order.



28.05.2009.                                        (PERMOD KOHLI)
BLS                                                     JUEGE